Topic Specific Legislation

***For the most up-to-date legislative activities relating to all children's issues, please visit Michigan's Children at: http://www.michiganschildren.org/page.cfm/84

Pending Legislation
* Firearms-Pending *

* Child Abuse & Neglect-Pending *

* Motor Vehicle-Pending *
* Suicide-Pending *


Existing Legislation
* Child Death-Existing *
* Firearms-Existing *
* Child Abuse & Neglect-Existing *
* Motor Vehicle-Existing *
* Water-related-Existing *

Pending Legislation (updated 3/15/05)

Firearms

SB 87 Loaded Firearm in Reach of Minor (Scott)  This bill enacts sentencing guidelines for the crime of storing or leaving a loaded firearm within reach or access of a minor under certain circumstances.

Child Abuse and Neglect

HB4499Expand Definition of Child Abuse (Green) This bill would expand the definition of child abuse to include operating a motor vehicle under the influence of an intoxicating liquor in certain circumstances.

Motor Vehicle

SB 183 Mandatory Child Booster Seats (McManus)  This bill requires the use of child booster seats for children under the age of 8.

SB 314 Child Positioned in Back Seat (Hammerstrom)Requires children under the age of 4 years to be positioned in the back seat of the vehicle.

SB 262  Child Car Restraints  (George)  Allows a waiver of fines for certain child car restraint system violations under certain circumstances.A similar bill was introduced by Representative Kolb, HB 4152

HB 4152 Child Car Restraints (Kolb)  This bill waives fines for certain child car restraint system violations under certain circumstances.  A similar bill was introduced in the Senate by Senator George, SB 262 

Suicide

SB 94 Suicide Risk Program (Garcia)  This bill includes instruction programs regarding warning signs and risk factors of suicide and depression in education curricula. A similar bill was introduced in the House by Rep. Cheeks, HB 4059 and House Rep. Ward introduced,HB 4375.  

HB 4059 Suicide School Warning (Cheeks) This bill creates instruction programs regarding warning signs and risk factors of suicide and depression. A similar bill was introduced in the Senate by Sen. Garcia SB 94.

HB 4375  Suicide Risk Curriculum (Ward)  Encourages schools to provide instruction programs regarding warning signs and risk factors of suicide and depression. A similar bill was introduced in the House by Rep. Cheeks HB 4059 and Senator Garcia introduced SB 94.

Existing Legislation (updated 4/4/05)

Child Death

Death of Child Under 2 Years of Age Requires the notification of the county Medical Examiner of all deaths of children under 2 years of age. (Public Act 179 of 2004 amends section 52.205a of Public Act 181 of 1953: County Medical Examiner statutes)

Medical Examiner Subpoena Power Gives Medical Examiners the right to request medical records, death scene investigation records and anything else relating to the death being investigated. (Public Act 181 of 1953 Section 52.202(3) of the County Medical Examiner statutes)

Safe Delivery Program

Safe Delivery: Emergency Service Providers Defines an emergency service provider (ESP), outlines the responsibilities of an ESP, court, private agency and certain state agencies.(PA 232 of 2000 amends title and section 19b, chapter XIIA of the Probate code of 1939)

Safe Delivery: Penal Code Amendment Amends the penal code to allow for an affirmative defense against child abandonment charges for a surrendering parent. A criminal investigation will not be initiated solely on the basis of a newborn being surrendered to an ESP. (PA 233 of 2000 amends section 135 of The Michigan Penal Code of 1931)

Safe Delivery: Child Protection Services Exemption Exempts the surrender of a newborn, who is not a victim of child abuse, from the provisions of the Child Protection Services law. (PA 234 of 2000 amends section 8 of the Michigan Child Protection Law of 1975)

Safe Delivery: Community Information Requires the development of an informational pamphlet and a toll-free 24 hour telephone line by the Department of Community Health and Department of Human Services (formerly known as the Family Independence Agency.) (PA 235 of 2000 amends the  Probate Code of 1939)

Firearms

Firearms Sales All Firearms to be sold with a trigger lock or other device designed to disable the firearm or a storage container that can be secured to prevent unauthorized access. (Public Act 265 of 2000 amends section 28.435 of the Michigan Firearms Statutes)

Hunting by a Minor Child  Minor child not to be allowed to hunt unless under parental supervision. (Public Act 451 of 1994 amends section 324.43517 of the Natural Resources and Environmental Protection Act)

Hunting License Issuance to a Minor Child Hunting license to be issued only with parental license and not to anyone under age 12 or under age 14 for large game. (Public Act 451 of 1994 amends section 324.43520 of the  Natural Resources and Environmental Protection Act)

Child Abuse and Neglect

Michigan Child Abuse and Neglect Prevention Act (Public Act 250 of 1982)

Michigan Child Protection Law (Public Act 238 of 1975)

Child Death Review Enables Child Death Review to function in Michigan. (Public Act 167 of 1997 amends Section 727.627b of the Michigan Child Protection Law)

Mandated Reporters Outlines who is responsible for reporting incidences of Child Abuse and Neglect. (Public Act 238 of 1975 amends section 722.623 of the Michigan Child Protection Law)

Motor Vehicle

Child Passenger Safety

Truck Bed Passenger Restriction Permitting persons under age 18 to ride in truck bed is prohibited. (Public Act 434 of 2000 amends section 257.682b of the Michigan Vehicle Code)

Child Restraint >4 Years A child restraint system is required for all vehicle passenger under age 4. (Public Act 29 of 2000 amends section 257.710d of the Michigan Vehicle Code)

Child Restraint 4-16 Years A safety belt is required for each vehicle passenger 4-16 years of age. (Public Act 29 of 2000 amends section 257.710e of the Michigan Vehicle Code)

Graduated Licensing

Graduated Licensing of Persons <18 years Rules of licensing for individuals 17 years of age and under. (Public Act 40 of 1999 amends section 257.210e of the Michigan Vehicle Code)

Off-road Vehicles (ORV)

Operation of an ORV by a Child Child under the age of 16 shall have direct adult supervision and possess a 4-wheel ORV Safety Certificate. Child under 16 years of age may not operate a 3-wheel ORV. Child 11 or 12 years of age may only operate a 4-wheel ORV on parentally owned land.  Child under 10 years of age may not operate any ORV. (Public Act 111 of 2003 amends section 324.81129 of the Natural Resources and Environmental Protection Act)

ORV Safety Education Course Explains the requirements of a Certifying ORV Education Course. (Public Act 111 of 2003 amends section 324.1130 of the Natural Resources and Environmental Protection Act)

Snowmobiles

Operation of a Snowmobile by a Minor A child less than 12 years of age may not drive a snowmobile unless under parental supervision on parentally owned land. A child 12-17 years of age may drive a snowmobile only if under adult supervision, if on parentally owned land, or if the child possesses a snowmobile safety certificate (Public Act 58 of 1995 amends section 324.82120 of the Natural Resources and Environmental Protection Act)

Water-related

Wearing of a Personal Flotation Device by a Child Each child under the age of 6 years onboard a vessel with an open deck area must wear a personal flotation device while at all times (Public Act 174 of 1996 amends section 324.80142 of the Natural Resources and Environmental Protection Act)

Graduated Age Provisions, Operation of Personal Watercraft No child under the age of 14 shall operate a personal watercraft on the waters of Michigan unless 12 years of age with a boating safety certificate. This legislation is to be repealed by Act 27 of 2004 effective March 23, 2012. (Public Act 229 of 2000 amends section 324.80215 of the Natural Resources and Environmental Protection Act)

Operation of Personal Watercraft Personal flotation device requirements for the operation of a personal watercraft (Public Act 27 of 2004 amends section 324.80205 of the Natural Resources and Environmental Protection Act)